Q&A 2020-003
Rule  60.3 ; Right to Protest; Right to Request Redress or Rule 69 Action
Rule 61.1(c); Informing the Protestee
Definition  Party 
Exonerating and penalizing a boat involved in an incident which is not a party to the hearing.
Situation
During the hearing of a valid protest, boat A, who might have been involved in the incident, is neither the protestor nor a protestee. The protest committee concluded that boat A broke a rule but was exonerated under another rule.

Question 1
Did the protest committee act properly?

Answer 1

Yes. It is at the protest committee’s discretion to protest a boat that may have broken a rule. As the protest committee concluded that boat A would be exonerated, it was not necessary to protest her.

Question 2
Is boat A a party to the hearing?

Answer 2
No.  Boat A is neither the protestor nor a protestee. See the definition Party.

Question 3
Would the answer to question 1 be different if the protest committee penalized boat A?

Answer 3

Yes.If the protest committee believed that boat A broke a rule and would not be exonerated, the protest committee would be required to follow the procedure in rule 61.1(c) before it would have been possible to penalize her.
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